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10-28-2008 BEAVER CREEK METRO DISTRICT SITE USAGE FOR PARKING FOR BCMD TRANSIT BUSES FOR 08-09 SKI SEASON2008 Parking Agreement BCMD-TOA SERVICE AGREEMENT THIS AGREEMENT is entered into between Beaver Creek Metropolitan District, a quasi- municipal corporation and a political subdivision of the State of Colorado ("BCMD"), and Town of Avon ("Avon"), a municipal corporation of the State of Colorado, on the signatory date shown herein. IT IS AGREED as follows: 1. Services. During the term of this Agreement, Avon will provide the following services: (a) Availability of six outdoor paved parking stalls at the Swift Gulch Public Works Complex (the "Premises") to be used for parking of a maximum of six transit vehicles; stalls are provided with 120v/10amp electrical power to support the engine block heater at a charge of $350.00 per month per vehicle (includes electrical power for months of November through March). (b) Outdoor paved parking stalls at the Premises to be used for a maximum of two (2) transit vehicles (in addition to those allowed under 1(a)) that are under 28-feet in length; these stalls are not provided with power. Charge for these stalls is $300.00 per month per vehicle. 2. Limits on Use. No other services by Avon are included other than those explicitly listed herein. Other uses of the Premises are not permitted without Avon's written consent and will be considered a breach of this Agreement. The following additional limitations on use apply: (a) The Premises are not secure; the BCMD is advised that use of the Premises is "at your own risk". (b) Parking stalls shall be those designated by Avon. (c) Avon staff reserves the right to physically drive and relocate any of the BCMD's vehicles, provided that the vehicle remains within the physical site, at any time for any reason. BCMD agrees to provide Avon with functioning keys and/or key- codes capable of unlocking and starting all BCMD-serviced vehicles parked on the Premises. (d) All vehicles parked on the Premises included under this Agreement must be in full running order. Avon reserves the right to remove from the Premises at BCMD's cost any vehicle that will not start, is dilapidated, or has not been restored to full running order by BCMD or their assigned for a period of thirty (30) days or more. (e) BCMD agrees to keep the Premises clean, sanitary, and in good condition and, upon termination of the Agreement, vacate the Premises to Avon in a condition identical to that which existed when the BCMD initiated site use, except for ordinary wear and tear. (f) BCMD agrees to immediately notify Avon of any defects or dangerous conditions in and about the Premises of which BCMD becomes aware. (g) BCMD agrees to reimburse Avon, on demand by Avon, for the cost of any repairs to the Premises damaged by the BCMD through misuse, neglect or recklessness. (h) BCMD herein acknowledges that the BCMD has examined the Premises, including Page 1 of 2 2008 Parking Agreement BCMD-TOA electrical outlets, and has found them to be in good, safe, and clean condition at commencement of this Agreement. 3. Facilities. Avon represents that its facilities are adequately equipped to offer said services. 4. Billing for Services. An invoice will be issued by the tenth day of each month for services performed during the previous month. BCMD is responsible for payment associated with the number of stalls specified in Section 1(a) regardless of actual use. Payment is due in full within thirty days of receipt of the invoice. The Town reserves the right to periodically adjust the rates charged for services. 5. Term and Termination. This is a month-to-month service agreement which commences on November 20, 2008 and automatically terminates on April 13, 2009 on which date BCMD is responsible to have all vehicles removed from the site. Either party may terminate this Agreement without cause on fifteen days written notice. In the event of breach of this Agreement by either party, the other party may terminate this Agreement upon seven days written notice unless the breach is cured within the seven day period. 6. Indemnification. BCMD agrees to the extent permitted by law to indemnify, defend and hold harmless TOA, its respective agents, officers and employees of and from any and all loss, cost, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, including reasonable attorneys fees arising out of the indemnifying Party's intentional or negligent acts, errors, omissions, or those of its agents, officers, servants and employees. 7. Insurance. BCMD must carry valid insurance for any individuals and property that are involved in use of the Premises. Avon is not liable for damage to BCMD-owned property, or any property owned by others and included in a service agreement operated by BCMD, while located on the Premises, including acts of vandalism, theft, and comprehensive damage of same vehicles. 8. Relationship of the Parties. The relationship between the parties is that of independent contractor, and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership, joint venture, or ownership interest in the re Avon shall be solely responsible for payroll withholding and payment of payment of unemployment compensation and other employment related enafits of Avon employees. TOWN OF AVON S 1EA L ° By. ,Fit "I"t Signature Date BEAVER CREEK METROPOLITAIN DISTRICT By. /0/ QG Clyde Hanks Signature Date Page 2 of 2 ~a l~ r 2008 Parking Agreement BCMD-TOA SERVICE AGREEMENT THIS AGREEMENT is entered into between Beaver Creek Metropolitan District, a quasi- municipal corporation and a political subdivision of the State of Colorado (`BCMD"), and Town of Avon ("Avon"), a municipal corporation of the State of Colorado, on the signatory date shown herein. IT IS AGREED as follows: 1. Services. During the term of this Agreement, Avon will provide the following services: (a) Availability of six outdoor paved parking stalls at the Swift Gulch Public Works Complex (the "Premises") to be used for parking of a maximum of six transit vehicles; stalls are provided with 120v/10amp electrical power to support the engine block heater at a charge of $350.00 per month per vehicle (includes electrical power for months of November through March). (b) Outdoor paved parking stalls at the Premises to be used for a maximum of two (2) transit vehicles (in addition to those allowed under 1(a)) that are under 28-feet in length; these stalls are not provided with power. Charge for these stalls is $300.00 per month per vehicle. 2. Limits on Use. No other services by Avon are included other than those explicitly listed herein. Other uses of the Premises are not permitted without Avon's written consent and will be considered a breach of this Agreement. The following additional limitations on use apply: (a) The Premises are not secure; the BCMD is advised that use of the Premises is "at your own risk". (b) Parking stalls shall be those designated by Avon. (c) Avon staff reserves the right to physically drive and relocate any of the BCMD's vehicles, provided that the vehicle remains within the physical site, at any time for any reason. BCMD agrees to provide Avon with functioning keys and/or key- codes capable of unlocking and starting all BCMD-serviced vehicles parked on the Premises. (d) All vehicles parked on the Premises included under this Agreement must be in full running order. Avon reserves the right to remove from the Premises at BCMD's cost any vehicle that will not start, is dilapidated, or has not been restored to full running order by BCMD or their assigned for a period of thirty (30) days or more. (e) BCMD agrees to keep the Premises clean, sanitary, and in good condition and, upon termination of the Agreement, vacate the Premises to Avon in a condition identical to that which existed when the BCMD initiated site use, except for ordinary wear and tear. (f) BCMD agrees to immediately notify Avon of any defects or dangerous conditions in and about the Premises of which BCMD becomes aware. (g) BCMD agrees to reimburse Avon, on demand by Avon, for the cost of any repairs to the Premises damaged by the BCMD through misuse, neglect or recklessness. (h) BCMD herein acknowledges that the BCMD has examined the Premises, including Page 1 of 2 2008 Parking Agreement BCMD-TOA electrical outlets, and has found them to be in good, safe, and clean condition at commencement of this Agreement. 3. Facilities. Avon represents that its facilities are adequately equipped to offer said services. 4. Billing for Services. An invoice will be issued by the tenth day of each month for services performed during the previous month. BCMD is responsible for payment associated with the number of stalls specified in Section 1(a) regardless of actual use. Payment is due in full within thirty days of receipt of the invoice. The Town reserves the right to periodically adjust the rates charged for services. 5. Term and Termination. This is a month-to-month service agreement which commences on November 20, 2008 and automatically terminates on April 13, 2009 on which date BCMD is responsible to have all vehicles removed from the site. Either party may terminate this Agreement without cause on fifteen days written notice. In the event of breach of this Agreement by either party, the other party may terminate this Agreement upon seven days written notice unless the breach is cured within the seven day period. 6. Indemnification. BCMD agrees to the extent permitted by law to indemnify, defend and hold harmless TOA, its respective agents, officers and employees of and from any and all loss, cost, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, including reasonable attorneys fees arising out of the indemnifying Party's intentional or negligent acts, errors, omissions, or those of its agents, officers, servants and employees. 7. Insurance. BCMD must carry valid insurance for any individuals and property that are involved in use of the Premises. Avon is not liable for damage to BCMD-owned property, or any property owned by others and included in a service agreement operated by BCMD, while located on the Premises, including acts of vandalism, theft, and comprehensive damage of same vehicles. 8. Relationship of the Parties. The relationship between the parties is that of independent contractor, and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership, joint venture, or ownership interest in there Avon shall be solely responsible for payroll withholding and payment of payment of unemployment compensation and other employment related en@fits of Avbm employees. SERE TOWN OF AVON ~]r~ 4L Cpl 0 By: 1~a j C. ► . (08 -"Y'l81e. Signature Date BEAVER CREEK METROPOLITAIN DISTRICT By: Clyde Hanks Page 2 of 2 Signature ' Date 2008 Parking Agreement BCMD-TOA SERVICE AGREEMENT THIS AGREEMENT is entered into between Beaver Creek Metropolitan District, a quasi- municipal corporation and a political subdivision of the State of Colorado ("BCMD"), and Town of Avon ("Avon"), a municipal corporation of the State of Colorado, on the signatory date shown herein. IT IS AGREED as follows: 1. Services. During the term of this Agreement, Avon will provide the following services: (a) Availability of six outdoor paved parking stalls at the Swift Gulch Public Works Complex (the "Premises") to be used for parking of a maximum of six transit vehicles; stalls are provided with 120v/10amp electrical power to support the engine block heater at a charge of $350.00 per month per vehicle (includes electrical power for months of November through March). (b) Outdoor paved parking stalls at the Premises to be used for a maximum of two (2) transit vehicles (in addition to those allowed under 1(a)) that are under 28-feet in length; these stalls are not provided with power. Charge for these stalls is $300.00 per month per vehicle. 2. Limits on Use. No other services by Avon are included other than those explicitly listed herein. Other uses of the Premises are not permitted without Avon's written consent and will be considered a breach of this Agreement. The following additional limitations on use apply: (a) The Premises are not secure; the BCMD is advised that use of the Premises is "at your own risk". (b) Parking stalls shall be those designated by Avon. (c) Avon staff reserves the right to physically drive and relocate any of the BCMD's vehicles, provided that the vehicle remains within the physical site, at any time for any reason. BCMD agrees to provide Avon with functioning keys and/or key- codes capable of unlocking and starting all BCMD-serviced vehicles parked on the Premises. (d) All vehicles parked on the Premises included under this Agreement must be in full running order. Avon reserves the right to remove from the Premises at BCMD's cost any vehicle that will not start, is dilapidated, or has not been restored to full running order by BCMD or their assigned for a period of thirty (30) days or more. (e) BCMD agrees to keep the Premises clean, sanitary, and in good condition and, upon termination of the Agreement, vacate the Premises to Avon in a condition identical to that which existed when the. BCMD initiated site use, except for ordinary wear and tear. (f) BCMD agrees to immediately notify Avon of any defects or dangerous conditions in and about the Premises of which BCMD becomes aware. (g) BCMD agrees to reimburse Avon, on demand by Avon, for the cost of any repairs to the Premises damaged by the BCMD through misuse, neglect or recklessness. (h) BCMD herein acknowledges that the BCMD has examined the Premises, including Page 1 of 2 2008 Parking Agreement BCMD-TOA electrical outlets, and has found them to be in good, safe, and clean condition at commencement of this Agreement. 3. Facilities. Avon represents that its facilities are adequately equipped to offer said services. 4. Billing for Services. An invoice will be issued by the tenth day of each month for services performed during the previous month. BCMD is responsible for payment associated with the number of stalls specified in Section 1(a) regardless of actual use. Payment is due in full within thirty days of receipt of the invoice. The Town reserves the right to periodically adjust the rates charged for services. 5. Term and Termination. This is a month-to-month service agreement which commences on November 20, 2008 and automatically terminates on April 13, 2009 on which date BCMD is responsible to have all vehicles removed from the site. Either party may terminate this Agreement without cause on fifteen days written notice. In the event of breach of this Agreement by either party, the other party may terminate this Agreement upon seven days written notice unless the breach is cured within the seven day period. 6. Indemnification. BCMD agrees to the extent permitted by law to indemnify, defend and hold harmless TOA, its respective agents, officers and employees of and from any and all loss, cost, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, including reasonable attorneys fees arising out of the indemnifying Party's intentional or negligent acts, errors, omissions, or those of its agents, officers, servants and employees. 7. Insurance. BCMD must carry valid insurance for any individuals and property that are involved in use of the Premises. Avon is not liable for damage to BCMD-owned property, or any property owned by others and included in a service agreement operated by BCMD, while located on the Premises, including acts of vandalism, theft, and comprehensive damage of same vehicles. 8. Relationship of the Parties. The relationship between the parties is that of independent contractor, and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership, joint venture, or ownership interest in the re Avon shall be solely responsible for payroll withholding and payment of payment of unemployment compensation and other employment related enafits of Avbn employees. SE TOWN OF AVON BY~&,Ji C. k 2 (08 r Sle. Signature Date BEAVER CREEK METROPOLITAIN DISTRICT By. 6 A~g- /0 QG Clyde Hanks Signature Date Page 2 of 2 BEAVER CREEK METROPOLITAN DISTRICT P.O. Box 2560 Edwards, Colorado 81632 October 24, 2008 Town of Avon PO Box 975 Avon, CO 81620 Attn: Jennifer Strehler Re: 2008 Service Agreement and Parking Agreement between Beaver Creek Metropolitan District and TOA Dear Jennifer Enclosed are the original copies of the above referenced agreements which have been executed by Beaver Creek Metropolitan District. After execution and approval by the Town of Avon, please provide copies of the agreement to: Beaver Creek Metropolitan District PO Box 2560 Edwards, CO 81632 If you need anything further please contact Mr. Clyde Hanks, (970) 748-9174 or myself at (970) 926-6060, Ext. 3. Thank you for your prompt attention to this matter. Sincer,~elly, CL~ Kathy Le ansten Account Manager Eric Phone: (970) 926-9666 * Fax (970) 926-6040